EMAIL OF THE DAY

“I think that you’re incorrect in your take on Cass Sunstein’s stance in legal circles. Sunstein’s politics may very well be liberal, but his constitutional politics are far from your typical leftist with a socialist slant. In fact, Sunstein has long been an advocate of judicial minimalism, arguing that courts ought to provide “narrow and unambitious” rulings leaving the brunt of the politics, law, policy and work to elected assemblies and represented. Not convinced? Then read his book. Its called “One Case at a Time: Judicial Minimalism on the Supreme Court”.This judicial philosophy has led Sunstein to take positions unheard of in left wing legal circles, such as criticizing the Supreme Court’s decision in Roe v. Wade as harmful and overly broad (a critique that, ironically, Sullivan would likely support) or praising the Rehnquist Court as mainly minimalist. But don’t just take my word on it, read for yourself in his article, Judicial Minimalism: Constitution and Court at Century’s End.“Now, compare this judicial philosophy with what I would consider a grand liberal judicial theorist – Ronald Dworkin, who has urged judges to “get real” and provide expansive constitutional findings for the sake of “integrity” and “fidelity” to the broad language of the constitution. Get the picture? Sunstein is no conservative of the originalist variety, but he certainly no raging liberal either. I have always taken his constitutional politics as being quite centrist and thus consistent with the self description Rosen cites.” I stand corrected on Sunstein’s judicial philosophy. His politics, however, remain partisan Democrat.

YOUNG ON THE RIGHT AND FEMINISM: Cathy Young wrote this interesting review a few years back. It’s on the same theme: how the social right and the far left have come to agree on the need to repress male sexuality and keep women in their rightful and subordinate place – under men, literally and figuratively.